Madras High CourtCRL OP(MD)/15118/2014dismissed

Muthukaman v. The Inspector Of Police

2018-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15118 of 2014 Muthukaman ..Petitioner Vs.

State rep. by The Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.777 of 2007) ..Respondent PRAYER: This Criminal Original Petition has been filed under Section 407 r/w 482 of Criminal Procedure Code, to direct the Principal Sessions Judge, Theni, to withdraw the case on its file in P.R.C.No.31 of 2008 and transfer the same to some other Court other than Theni District.

For Petitioner : Mr.P.Senguttarasan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

ORDER

This quash petition is filed to quash the criminal proceedings in P.R.C.No.31 of 2008 on the file of the Principal Sessions Judge, Theni, as against the petitioner. 2.The learned Government Advocate (Crl.side) appearing for the respondent would submit that already trial has been commenced in P.R.C.No.31 of 2008.

3.It is seen from the records that no ground is raised by the learned counsel for the petitioner to quash the criminal proceedings against him. The grounds raised in the petition have to be gone into in a full fledged trial. Moreover, as submitted by the learned counsel for the petitioner, in this case, trial has been commenced. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to raise all the grounds before the trial Court.

Sd/- Assistant Registrar(Crl.side) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To 1.The Principal Sessions Judge, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.15118 of 2014 26.09.2018 RMK ES/PM/SAR 3/08.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/